Chapter 15 (Part 1)

The Purpose of Law Laws are our set of rules to allow people to live freely together. (The Social Contract) Laws are meant to prevent potential/future criminals Laws are there to resolve disagreements over money, property, contracts, and other non-criminal matters Good Laws: Fair Reasonable Understandable Enforceable

History of Law Laws are based on traditions (customs) and based down over generations Code of Hammurabi First known system of written law – King Hammurabi of Babylonia The Ten Commandments Found in the Hebrew Bible (morally these are reflected in our laws today) Roman Law 450 B.C., similar to Code of Hammurabi – became part of the Roman Catholic Church (Canon Law)

English Law Common Law Greatest contribution of English Law Law based on court decisions not on a legal code Precedent Legal opinions that become part of the common law Included ideas like individual’s rights, trial by jury, innocent until proven guilty Statutes Written laws that started to dominate English Law All of these are still part of our U.S. Court System

Criminal Law Prohibitions – bans (drunk driving, robbing, selling drugs) Criminal Law exist to prevent people from recklessly harming one another or one another’s property In Criminal Cases, the government is the plaintiff – the party that brings the charges against the accused. In Criminal Cases, the individual or group accused of a crime is the defendant. Cases titled State vs. Defendant, ex. State of North Carolina vs. Coach Smith

Criminal Law cont… Felonies and Misdemeanors Felonies – crimes with serious consequences Ex. Murder, rape, arson, robbery Misdemeanors – punishable with fine or jail sentence of less than a year Ex. Vandalism, stealing inexpensive things Crimes Against Property Most common – includes crimes where property is destroyed, stolen, or taken Arson/Vandalism – destruction of property Larceny – taking property without the intent to return it Robbery – taking property by use of force Burglary – unlawful entry into dwelling/structure with intent to commit a crime

Civil Law Civil Law – disputes between people or groups in which no criminal laws have been broken Called a lawsuit – a legal action whereby a person or group sues to collect damages for harm that has been done. Tort Law – Covered by Civil Law In Tort Law, a person may suffer an injury and claim that another party is responsible because of negligence Family Law – Covered by Civil Law Involve cases of divorce, child custody, adoption, alimony, child support, and spousal/child abuse

Other Types of Laws Constitutional Law – applies to law dealing with the formation, construction, and interpretation of the constitution Deal with limits of the government’s power and the rights of the individual Administrative Law – refers to rules and regulations that the Executive Branch must make to carry out its job Ex. Federal Aviation Administration issuing an order for a new safety device on commercial airlines Statutory Law – Statutes are written by the Legislative Branch Rights like Social Security, Driver’s License, return products to a store